Pacheco v. Beck

Citations

• 52 Cal. 3

Syllabus

<p>Duty of Clerk and Secretary of State in Elections.—When a Board, of Supervisors has canvassed the returns of an election, and a record thereof is made and entered in the minutes, and has been authenticated by the signature of the Chairman of the Board and the Clerk; a copy of such record is the “ abstract ” which the Clerk is required to transmit to the Secretary of State, and upon which the Secretary of State must act in estimating the number of votes cast in the county for each person voted for as a representative in Congress.</p> <p>Idem.—If the Clerk of a county transmits to the Secretary of State a statement of what transpires in relation to the canvass made by the Board of Supervisors, of the votes cast in a county, which statement is not the record, but is in addition thereto or in explanation thereof, such statement is to be rejected by the Secretary of State.</p> <p>Mandate to Secretary of State to Issue Certificate of Election.—If the Secretary of State refuses to estimate the votes given for members of Congress, as shown in the records of the counties transmitted to him by the Clerks, and to issue a certificate to the person having the highest number of votes, he will be compelled to do so by writ of. mandate.</p>